ITA-IBA EU Investment Law Virtual Conference

Overview

Presented by the Institute for Transnational Arbitration of The Center for American and International Law and the Arbitration Committee of The International Bar Association

This special virtual conference will explore the future of investment law in the EU and assess the impact of two recent landmark decisions by the Court of Justice of the European Union (CJEU): The Republic of Moldova v. Komstroy LLC and The Republic of Poland v. PL Holdings Sàrl.

The conference will commence with a keynote address on the two rulings by CJEU First Advocate General Prof. Maciej Szpunar. This keynote will be followed by two roundtable sessions. The first session will delve into broader questions arising out of these CJEU rulings, including a discussion of the powers and limitations of the CJEU, and the autonomy and limitations of European Union (EU) Law. The second session will then discuss the possible future implications of the rulings on international investment law in the EU.

Conference Co-Chairs

Tom Sikora
Chair, Institute for Transnational Arbitration
Senior Counsel International Disputes, Exxon Mobil Corporation, Houston

Philippe Pinsolle
Senior Co-Chair, IBA Arbitration Committee
Head of International Arbitration, Quinn Emanuel Urquhart & Sullivan, Geneva

Schedule and Faculty

3:00-3:10 pm CET
9:00-9:10 am EST

WELCOME AND INTRODUCTION

• Tomasz J. Sikora, Chair, ITA
  Senior Counsel International Disputes, Exxon Mobil Corporation, Houston
• Philippe Pinsolle, Senior Co-Chair, IBA Arbitration Committee
  Quinn Emanuel Urquhart & Sullivan, Geneva

3:10-3:30 pm CET
9:10-9:30 am EST

THE CJEU RULINGS ON THE REPUBLIC OF MOLDOVA V. KOMSTROY L.L.C. AND THE REPUBLIC OF POLAND V. PL HOLDINGS S.À.R.L

• Prof. Maciej Szpunar, First Advocate General, Court of Justice of the European Union (CJEU), Luxembourg

3:30-3:35 pm CET
9:30-9:35 am EST

BREAK

3:35-5:00 pm CET
9:35-11:00 am EST

THE RELATIONSHIP BETWEEN EU LAW AND INTERNATIONAL LAW FOLLOWING THE CJEU RULINGS

This panel will consider two broad categories of questions that arise from the CJEU’s rulings in Komstroy and PL Holdings.

First, what are the powers and limitations of CJEU? The panellists will discuss key questions relating to the jurisdiction of CJEU to, for example, interpret an international agreement (the Energy Charter Treaty) in Komstroy, and the implications on possible future review of investment treaty decisions by the CJEU.

Second, what are the key issues regarding the autonomy and limitations of EU law that CJEU has attempted to address in the two rulings, and what questions remain? The panellists will discuss, for example, the meaning of “the EU’s autonomy and particular nature” as referred to in the CJEU’s rulings, and the competence of the EU (or lack thereof) to conclude international agreements that provide for methods of resolving disputes that sit outside the EU judicial system.

Moderator: Prof. Stavros Brekoulakis, Professor of International Arbitration, Queen Mary University of London; Arbitrator, 3 Verulam Buildings, London

Commentators:

• Prof. Catherine Kessedjian, Professor Emeritus, University Panthéon-Assas, Paris
• Prof. Jan Paulsson, Co-Founder, Three Crowns, Bahrain
• Philippe Pinsolle, Quinn Emanuel Urquhart & Sullivan, Geneva
• Prof. Takis Tridimas, Professor of European Law, King’s College London and Penn State School of Law; Matrix Chambers, London
• Prof. Maciej Szpunar, First Advocate General, Court of Justice of the European Union (CJEU), Luxembourg

5:00-5:10 pm CET
11:00-11:10 am EST

BREAK

5:10-6:35 pm CET
11:10-12:35 pm EST

THE FUTURE OF INVESTMENT LAW IN THE EU

This panel will consider the potential future implications of the Komstroy and PL Holdings rulings by the CJEU on investment law in the EU. For example, how will future investment treaty tribunals consider the CJEU’s rulings in their awards and analyses? Specifically in the context of Energy Charter Treaty disputes, what is the future of such disputes that involve EU states, and what impact will these rulings have on ECT disputes that do not involve EU states but take place within an EU member state? To what extent will the CJEU’s rulings impact future Energy Charter Treaty disputes under the ICSID Convention, and how will the CJEU impact the relationship between ICSID and the EU member states that are signatory members to that international agreement?

Moderator: Prof. Zachary Douglas QC, Professor of International Law, Graduate Institute of International and Development Studies, Geneva; Matrix Chambers, London

Commentators:

• Gary Born, WilmerHale, London
• Veijo Heiskanen, LALIVE, Geneva
• Ina Popova, Debevoise & Plimpton, New York
• Samuel Wordsworth QC, Essex Court Chambers, London

6:35-6:45 pm CET
12:35-12:45 pm EST

CONCLUDING REMARKS

• Philippe Pinsolle, Senior Co-Chair, IBA Arbitration Committee
• Tomasz J. Sikora, Chair, ITA

Planning Group

• Tomasz J. Sikora, Chair, Institute for Transnational Arbitration; Senior Counsel International Disputes, Exxon Mobil Corporation, Houston
• Philippe Pinsolle, Senior Co-Chair, IBA Arbitration Committee; Head of International Arbitration, Quinn Emanuel Urquhart & Sullivan, Geneva
• Prof. Stavros Brekoulakis, Professor of International Arbitration, Queen Mary University of London; Arbitrator, 3 Verulam Buildings, London
• James Castello, King & Spalding, Paris
• Robert Reyes Landicho, Vinson & Elkins LLP, Houston

TX MCLE Credit

This program is approved by the State Bar of Texas for a total of 3.25 hours, of which no credit hours will apply to ethics/professional responsibility credit. Course ID Number: 174141804.

MCLE credit will not be requested in any other jurisdiction, but attendees may be able to obtain credit in other jurisdictions by self-applying for credit or through reciprocity rules. ITA in-person conferences are typically accredited by all mandatory CLE states, but MCLE rules, including rules governing online programs, vary in each jurisdiction. Certain programs, subjects, and formats may not receive credit in certain jurisdictions and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. Please review the MCLE regulations and rules of your jurisdiction and contact your regulatory entity if you have specific questions about the jurisdiction’s MCLE rules.

Other Information

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